‘Digital makes life easy, but raises IPR challenges’

New business models of delivery of services in the digital world are changing the world for the better, but they also throw up challenges in terms of managing problems relating to them, according to a top executive of a Virginia-based Intellectual Property Protection firm.

Pamela C Gavin, Managing Member of Gavin Law Offices PLC, told BusinessLine that the range of services and reach digital platforms provide is mind blowing. But they also expose companies, service providers and users to potential misuse of intellectual property rights.

During her visit to Hyderabad, as a leading intellectual property protection and enforcement consultant, Pamela mentioned about Amazon, Netflix models of delivery of digital content, and said these provide wide access and market equilibrium. Young people are particularly well placed to gain from the delivery of such content.

However, from an enforcement point of view, it throws a number of challenges for companies and service providers from the piracy angle.

Even the content sometimes uploaded on to the digital platform needs to be strictly regulated. But any violation can be tracked and addressed by the right experts, she said.The laws in the US have been well codified and the enforcement is also very efficient. Yet, the nature and scope and the geographical reach makes it tough sometimes to manage the inherent challenges, she said.

Mentioning the recent instance of Ilayaraja-SP Balasubramanyam spat, she said in the US it is possible to make use of the same theme and innovate and generate new music but they would have to pay royalty to the original creator. Referring to music groups and popular singers, with whom she has been working with over the years, she said in the US, the norms are well established and violation can be addressed within the legal framework.

Citing the example of Ethiopian Fine Coffee, where buyers were making huge money and coffee plantation workers hardly any in the past, she said through branding and protection of IPR, it is a win-win situation.

Now, the Ethiopian Fine Coffee is branded, it gets the right price, gets consumed in StarBucks network, the coffee sellers get right prices and in the end even the workers get their rightful due.

There have been a number of instances where free speech and trade mark related issues come in conflict. But there are ways to address them as per the laws and ensure justice is done, she said.

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